Agenda Item B.5 CONSENT CALENDAR Meeting Date: November 19, 2013

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1 Agenda Item B.5 CONSENT CALENDAR Meeting Date: November 19, 2013 TO: FROM: CONTACT: Mayor and Councilmembers Steve Wagner, Public Works Director Teresa Lopes, Senior Project Manager SUBJECT: Curb, Gutter and Sidewalk Improvements South Patterson Avenue Patterson Avenue Sidewalk Infill Project RECOMMENDATIONS: A. Approve the design, plans and specifications for the Curb, Gutter and Sidewalk Improvements South Patterson Avenue Patterson Avenue Infill Project; and B. Authorize the City Manager to execute a construction contract with DPM Construction Company, for the Curb, Gutter and Sidewalk Improvements South Patterson Avenue Patterson Avenue Sidewalk Infill Project in the amount of $147,230, subject to the requirements of the contract documents; and C. Authorize the City Manager to approve contingency contract change orders, if necessary, in an aggregate amount not to exceed $14,723. BACKGROUND: On April 6, 2011 the City entered into an agreement with Penfield and Smith to conduct surveys and design of the Patterson Avenue Sidewalk Infill Project. The design was completed this year. In fall of 2011 the City applied for and was awarded $50,000 in grant funding for the Patterson Avenue Sidewalk Infill Project through Cycle 1 of the Measure A South Coast Regional Bicycle and Pedestrian Program. On April 17, 2012 the City entered into a Cooperative Agreement with SBCAG for Cycle 1 of the South Coast Measure A SR2S, Bicycle and Pedestrian Programs. The City also received $54,000 in State and Local Partnership Program (SLPP) funding from Caltrans in June 2013 to apply to the construction of the project. DISCUSSION: The absence of sidewalk along the southwest section of Patterson Avenue from Debbie Street to Hollister Avenue means pedestrians must walk on the street. Completion of this project will eliminate the need for pedestrians to navigate this gap, resulting in a

2 Meeting Date: November 19, 2013 safer (especially during the night time), cleaner and more pleasant walking experience. Filling this gap will also create an easily traversable path for those with physical challenges. The project will construct approximately 720 linear feet of sidewalk, curb and gutter to complete a continuous walking path along Patterson Avenue between Debbie Road and Hollister Avenue. The project also includes construction and reconstruction of new and existing driveways along the project limits as well as ADA access. The project closes a gap of the pedestrian facility of a major arterial street in the City of Goleta. The plans and specifications for the project consist of the actual plan sheets and Special Provisions. The specifications also incorporate by reference the Caltrans Standard Specifications 2010 edition, the Caltrans 2010 Standard Plans, OSHA regulations (the Construction Safety Orders), the Manual of Uniform Traffic Control Devices (MUTCD) and the Caltrans Construction Manual. In an effort to conserve paper and in keeping with the City s green philosophy, these documents are not attached to the report but instead are available for review in the City Clerk s office. The project was advertised for competitive bids beginning on October 15, 2013, and the sealed bids were opened at City Hall on November 6, A total of eleven (11) bids were received. A summary of the bids received is shown in the table below. Contractor City Bid Amount DPM Construction Company Camarillo, CA $147, Granite Construction Santa Barbara, CA $159, J&P Construction Santa Maria, CA $168, Santa Barbara Plumbing Co., Inc. Carpinteria, CA $174, Berry General Engineering Contractors, Inc Ventura, CA $186, Toro Enterprises Oxnard, CA $187, Lash Construction Santa Barbara, CA $199, JJ Fisher Construction, Inc. Arroyo Grande, CA $200, G. Sosa Construction, Inc Orcutt, CA $203, V. Lopez Jr. & Sons Santa Maria, CA $210, CalPortland Construction Santa Maria, CA $237, The lowest cost responsive/responsible bid was received from DPM Construction Company in the amount of $147,230. As such, staff is recommending award of the construction contract for construction of the Curb, Gutter and Sidewalk Improvements South Patterson Avenue Patterson Avenue Infill Project to DPM Construction Company. A contract with DPM Construction Company in the amount of $147,230 is included as Attachment 1 to this report. There are additional items of construction support and construction management work as well as work by City staff that will need to be performed for the project in addition to and in coordination with the construction contract. Additional work will include Page 2 of 4

3 Meeting Date: November 19, 2013 construction management/inspection for the Patterson Avenue Sidewalk Infill Project, as well as staff time for construction support during the life of the contract. FISCAL IMPACTS The total cost for the project based on the $147,230 bid, including contingencies and construction management, is $202,000 as shown in the following table: Construction Contract $147,230 Construction Contingency $14,723 Construction Management $29,800 Project Management and Support During Construction (Staff) $10,247 TOTAL $202,000 In addition to the $50,000 in Measure A funds through the Regional Bicycle and Pedestrian Grant Program, Caltrans has authorized a total of $54,000 in SLPP funds for the construction phase of this project. This includes the cost of construction and construction management. The construction is funded with a combination of SLPP, Measure A grant funds, Measure A funds and local Transportation funds. The budget worksheet for the project is shown in the table below. Patterson Avenue Sidewalk Budget FY 13/14 Account Fund Type FY Available Budget Appropriations Measure A $ $98, Measure A- Other $50,000 $50, SLPP $54,000 $54,000 Total $202,000 ALTERNATIVES: The Council may elect to reject all bids and direct staff to re-bid the project. However, doing so would significantly delay project construction (until next summer) and would result in a loss of the SLPP and Measure A grant funds which could result in the project not being fundable. Page 3 of 4

4 Meeting Date: November 19, 2013 Legal Review By: Approved By: Tim W. Giles City Attorney Michelle Greene Deputy City Manager ATTACHMENTS: 1. Construction contract with DPM Construction Company for the Curb, Gutter and Sidewalk Improvements South Patterson Avenue Patterson Avenue Infill Project Page 4 of 4

5 ATTACHMENT 1 Construction Contract with DPM Construction Company

6 CONSTRUCTION CONTRACT FOR THE CURB, GUTTER AND SIDEWALK IMPROVEMENTS, SOUTH PATTERSON AVE PROJECT BETWEEN THE CITY OF GOLETA AND DPM CONSTRUCTION COMPANY This Construction Contract ( Contract ) is made and entered into for the above stated project this 19 th day of November, 2013, by and between the City of Goleta ( City ) and DPM Construction Company, ( Contractor ). 1. Contract Documents. Contract Documents means the Notice Inviting Sealed Bids; Bidding Instructions; Supplementary Instructions to Bidders; Bid Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. 2. Work. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required for the Project, and to fulfill all other obligations as set forth in the Contract Documents ( Work ). 3. Contract Amount. The City agrees to pay the Contractor a sum not to exceed one hundred forty seven thousand two hundred thirty dollars ($147,230) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 4. Time for Performance. 4.1 The Contractor will fully complete the Work within twenty five (25) working days (the Contract Time ), excepting therefrom the plant establishment period. Plant establishment period shall be per the approved contract schedule The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.

7 4.3 The Contractor shall not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a notice to proceed. 4.4 By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. 4.5 Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor s own cost and risk. 5. Labor Practices. 5.1 Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing the Section 1720) of the California Labor Code relating to Community Services and public agencies and agrees to be bound by all the provisions thereof as though set forth in full herein. The California prevailing rates of per diem wages are on file in the office of the City Clerk. 5.2 Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any Subcontractor. 5.3 Contractor agrees to comply with the provisions of California Labor Code Section concerning the employment of apprentices on Community Services projects, and further agrees that Contractor is responsible for compliance with Section by all of its Subcontractors. 5.4 Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Except as provided by Labor Code Section 1815, the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,

8 Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code. 5.5 In accordance with California Labor Code Sections 1860 and 3700, every contractor is required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor, by signing this Contract, certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of this Contract. 5.6 Contractor agrees to comply with the provisions of California Labor Code Section 1776 concerning the creation, retention, and inspection of payroll records, and further agrees to be responsible for compliance with Section 1776 by all of its Subcontractors. 6. Insurance. 6.1 Insurance Requirements. CONTRACTOR shall provide and maintain insurance, acceptable to the City Manager and City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONTRACTOR, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A- :VII. CONTRACTOR shall provide the following scope and limits of insurance: as: A. Minimum Scope of Insurance. Coverage shall be at least as broad (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONTRACTOR and all risks to such persons under this AGREEMENT.

9 B. Minimum Limits of Insurance. CONTRACTOR shall maintain limits of insurance no less than: (1) General Liability: $4,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 6.2 Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions: A. All Policies. Each insurance policy required by this paragraph shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City s Risk Manager. B. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONTRACTOR performs; products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR; or automobiles owned, leased, hired or borrowed by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees. (2) CONTRACTOR's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONTRACTOR's insurance. (3) CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

10 (4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers. C. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONTRACTOR. 6.3 Other Requirements. CONTRACTOR agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Manager may require that CONTRACTOR furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time. A. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. B. The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT. 7. Independent Contractor. Contractor is and shall at all times remain as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control of the conduct of Contractor or any of the Contractor s employees, except as herein set forth. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of City. 8. Permits and Licenses CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates, including a CITY business license, that may be required in connection with the performance of services under this AGREEMENT.

11 9. Taxes. The Contractor is responsible for paying all retail, sales and use, transportation, export, import, special, or other taxes, licenses, and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this Contract. The Contractor is responsible for ascertaining and arranging to pay them. The prices established in this Contract shall include compensation for any taxes the Contractor is required to pay by laws and regulations in effect on the bid opening date. 10. Notices. All notices and communications shall be sent to the parties at the following address: CITY: CONTRACTOR: City Manager City of Goleta 130 Cremona Drive, Suite B Goleta, CA David Paul Gonzalez 2390 Las Posas Rd, #450 Camarillo, CA Ownership of Documents. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City s property. The Contractor may retain copies of such documents and materials as desired, but will deliver all original materials to the City upon the City s written notice. 12. Audit of Records. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.

12 13. Indemnification. Contractor agrees to defend, indemnify and hold harmless City and all of its officers, employees and agents from any liability, financial loss, claims, demands, or causes of action, including but not limited to related expenses, attorney s fees and costs, based on, arising out of, or in any way related to the work undertaken by Contractor or any person employed by Contractor or its agents. Nothing in this section shall narrow the indemnification provisions contained in the City s Standard Specifications. 14. Assignment. This Contract is not assignable nor the performance of either party s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any or the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 15. Integration. This Contract supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this Contract shall not be valid or binding. 16. Authority/Modification. The parties represent and warrant that all necessary action has been taken by the parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City s City Manager, or designee, may execute any such amendment on the City s behalf when properly authorized pursuant to municipal code Interpretation. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Santa Barbara County. 18. Severability. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.

13 19. Captions. The captions of the sections of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. Time of Essence. Time is of the essence for each and every provision of the Contract Documents. In concurrence and witness whereof, this AGREEMENT has been executed by the parties effective on the date and year first above written. CITY OF GOLETA CONTRACTOR Dan Singer, City Manager David Paul Gonzalez, Sole Owner ATTEST: Deborah S..Lopez, City Clerk APPROVED AS TO FORM Tim W. Giles, City Attorney Contractor s License No A